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2021 Supreme(HP) 484

VIVEK SINGH THAKUR
Rajinder Singh & Anr. – Appellant
Versus
State Of H. P. & Ors. – Respondent


Advocates appeared:
A.K. Gupta, Advocate, Babita Chauhan, Advocate, Raju Ram Rahi, Advocate

JUDGMENT

Vivek Singh Thakur, J. - Petitioners Rajinder Singh and Ram Chander were enrolled for three years as members of Home Guards in 4th Battalion, Nahan, H.P. on 26.12.1991 and 18.10.1991 respectively. Petitioner No.1-Rajinder Singh was put in reserved force on 13.02.2001 as he did not undergo Refresher Course in the year 1997-98 and also did not attend the routine duty. Petitioner No.2- Ram Chander did not attend routine and emergency duty etc. and he did not submit any application for his renewal after completion of his three years of enrollment and, therefore, he was also put into reserved force on 02.06.1995.

2. After putting them in reserved force, petitioners did not approach any authority or Court except filing present petition as an Original Application, in the year 2017, before erstwhile H.P. State Administrative Tribunal. There is an inordinate delay in approaching the Court, therefore, though, their petition may have been dismissed on the ground of unexplained inordinate delay in filing the petition, however, learned counsel for the petitioners, has placed on record a judgment dated 05.01.2021 passed by a Division Bench of this High Court in CWP No.3628 of 2020, titled

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